KUALA LUMPUR (Aug 4): Dhaya Maju LTAT Sdn Bhd is contemplating cross-examining Transport Minister Datuk Seri Dr Wee Ka Siong and pursuing a discovery application in the judicial review against the government for the termination of the Klang Valley Double Tracking Phase 2 (KVDT2) contract with Dhaya Maju.
Dhaya Maju's lawyer Datuk Lim Chee Wee told theedgemarkets.com today that Dhaya Maju is considering cross-examining Wee when the judicial review starts.
Lim, who was speaking to theedgemarkets.com after the KVDT2 case management at the High Court here today, said the discovery application "is also being contemplated to obtain relevant documents from the government".
He said there will be another KVDT2 case management on Sept 7, 2021 pending exchange of documents between parties involved in the case and pending interlocutory applications for matters including the discovery application.
After the case management on Sept 7, the High Court is expected to set the dates for hearing the judicial review, according to Lim, who is a senior partner at law firm Lim Chee Wee Partnership.
It was reported that Dhaya Maju's dispute with the government started after Finance Minister Tengku Datuk Seri Zafrul Abdul Aziz released in August 2020 a list of 101 projects worth RM6.61 billion awarded through direct negotiations during the Pakatan Harapan administration.
It was reported that the list included the KVDT2 project worth RM4.475 billion given to Dhaya Maju.
It was reported that on Aug 28, 2020 Wee said the Transport Ministry would reopen the tender for the KVDT2 project after an extensive investigation claimed that the project was overpriced under the contract with Dhaya Maju.
According to news reports, on Oct 27, 2020, Dhaya Maju filed a suit against the government, Wee, Keretapi Tanah Melayu Bhd, and Opus Consultants (M) Sdn Bhd over the termination of Dhaya Maju's contract for the KVDT2 project.
It was reported that Dhaya Maju was seeking a declaration that the government and the transport minister's decision to terminate Dhaya Maju's contract and subsequently reopen the tender for the project was invalid.
On July 16, 2021, it was reported that the Court of Appeal on that day dismissed an appeal by the government and Wee against the High Court's decision on April 14, 2021 to grant leave to Dhaya Maju to undertake the judicial review to challenge the termination of the contract and to prevent the government from undertaking the tender process to seek another contractor for the KVDT2 project.